Positive Effects of Implementing Qisaas (Retribution) Punishment in Society

وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الألْبَابِ لَعَلَّكُمْ تَتَّقُونَ (١٧٩)

“And there is [a saving of] life for you in al-Qisaas (the Law of Equality in Punishment), O men of understanding, that you may become righteous.” (2: 179)

The reason for this is crystal clear: safety and security is a natural human requirement which is also approved by the Islamic law that everyone without exception seeks to achieve. 

It is for this reason that governments and organizations lay down rules and regulations and even change them later with a view to maintaining security. 

Allah’s Law, however, which is perfect and absolute never changes, as the Qur’an states,

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ(٥٠)

“Then is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith]?” (5:50)  

The word ‘ignorance’ mentioned in this verse does not necessarily refer to the pre-Islamic era; rather it includes all forms of creeds and practices that contravene Islam at all times and places. 

Given the fact that safety and security constitute the key to progress for nations and civilisations and the main reason behind development and felicity, how can an intelligent person seek them where they are not supposed to be? 

For doing so will certainly help spread fear and bring about chaos.

The Sharee’ah, or Islamic law, came with punishments that perfectly suit crimes and serve to eradicate them. 

Qisaas, or the law of equality in punishment, aims at achieving both public and private interests, establishing justice among all members of society and securing human life in order for safety to prevail and fear to be eliminated. 

As a matter of fact, killing and fear has spread in many Muslim societies because the governments in these countries have not implemented the law of equality in punishment.

 

TREACHEROUS MURDER [ ILLS OF KNIVES AND GUN CRIMES ] [USING SOCIAL MEDIA TO ENCOURAGE AND PLAN]….

All praise belongs to Allah, the Greatest and the Most Benevolent who has enjoined justice and fairness and forbidden tyranny and aggression. I praise Him, for He is the one who grants all kinds of favours and who deserves all kinds of gratitude.

I bear witness that there is no deity worthy of worship besides Allah, Most Exalted and Most Powerful, and that our Prophet Muhammad is His slave and Messenger whom He has sent as a mercy to all mankind. May Allah’s peace and blessings be upon him, his companions and those who follow in their footsteps until the Day of Judgment.

The Islamic Sharee’ah has taken care of all the aspects of our life. It has catered for the needs of not only human beings but also of animals, plants and even inanimate objects.

To this end, Allah has promised anyone who takes care of these things a great reward and warned anyone who unrightfully fringes on their rights of severe punishment,

“for Allah does not like corruption.” (Al-Baqarah: 205)

A paramount aspect of the Islamic Sharee’ah is that it has given utmost attention to sacred lives for which it has laid down rules and provisions that are bound to realize the interests of human beings and protect them against harms with a view to preserving human life and protecting it against any form of aggression or transgression.

Indeed, protecting and safeguarding human life is a religious necessity, an objective in its own right and a natural human requirement.

Therefore, the lives of Muslims are deemed dignified, protected and safeguarded by Allah; they are forbidden to be taken for no legal right.

Moreover, killing a sacred life is a grave sin and a flagrant crime, for there is no sin second to setting partners besides Allah in gravity than taking human life which Allah has prohibited to kill except for a just cause.

In fact, this crime that terminates the life of a human being, leaves his wife and children without a supporter and fringes on his rights by taking his life, let alone the fact that it is an open violation of the sanctity of things that are declared sacred and a clear transgression against the security of individuals and societies.

It is a heinous crime for which the Legislator has decreed a severe punishment indeed:

“He who kills a believer deliberately, his punishment shall be Hellfire, wherein he will dwell forever, the wrath and Curse of Allah are upon Him, and a severe chastisement is prepared for him” (An-Nisaa’: 93).

This is the punishment awaiting murderers in the Hereafter besides the severe one they receive in this very life based on the law of equality (qisaas) placed in the hands of the heirs of the victim.

However, treacherous murder, as termed by Muslim Jurists, is the gravest type of deliberate and organized murder, for it affects the stability of society and spreads panic among its members due to the means used in it and the element of treachery associated with it which the victim does not usually expect.

With the great technological advances in communication, the worldwide intellectual and social exchange, the overwhelming spread of mass media and the diversity of satellite channels, most of which tend to poison people’s minds, cases of aggression against human life have increased to such an unprecedented extent that we are presently witnessing unimaginable ways of murder due to the tricky and abominable means used in committing them and the motives for which they are committed.

As this type of organized murder has severe adverse effects on society for the mistrust it sows among its members, Muslim jurists have amply discussed the provisions and rulings related to it.

Wisdom of the Legitimacy of Disciplining

Disciplining in Islam agrees in objectives and goals with those cherished by the Islamic Sharee’ah, namely to reform the conditions of humanity. 

Although it seems as horrific on the face of it, disciplining results in some fruits which are good for the disciplined person and society.

Therefore, the Wise Legislator (Allah and His Messenger Muhammad ‎ﷺ‎‬) has explained to people the right conduct and behaviour and enjoined certain morals and rules that correct those who go adrift. 

The human disposition normally attempts to find ways to get rid of constraints. 

Therefore, humans always need to be disciplined in order to keep on the right track. 

In his book entitled Adab Ad-Dunyaa wa-Deen, Al-Maawardee writes, “You should know thathumans are disposed to undisciplined acts and uncontrolled morals, hence they need to be disciplined and corrected.”[ At-Tabaree, Tahdheeb Al-Aathaar, 4/414, # 688.]

Originally, beating, like any abuse, is prohibited. However, the Legislator exempted beating for the purpose of disciplining by some persons who have the authority to conduct such disciplining like the father, the teacher, the husband and the ruler because it realizes the interests of individuals and societies at par and the objectives of legislation. Hence, some individuals have been given permitted to commit some prohibited acts for the purpose of realizing certain interests. Therefore, this act of beating should only be exercised for the purpose of realizing the interest for which it is permitted.[ Al-Maawardee, Adab Ad-Dunyaa, p. 208.]

COMBINE YOUR PRAYERS AT TIME OF NEED!

وقال شيخنا الإمام ابن باز – بعد ذكره لمسألة قصر الصلاة – : (( أما الجمع فأمره أوسع ، فإنه يجوز للمريض ويجوز أيضاً للمسلمين في مساجدهم عند وجود المطر بين المغرب والعشاء، وبين الظهر والعصر، لا يجوز لهم القصر؛ لأن القصر مختص بالسفر فقط ، والله ولي التوفيق )) . [ تحفة الأخوان بأجوبة تتعلق بأركان الإسلام : 121] .

Our shaykh, the Imaam Bin Baaz said, after mentioning the issue of shortening the prayer, “as for the combining of two prayers, its affair is much broader (than the affair of shortening the prayer) for it is permissible for the sick and for the Muslims in their masaajid when it is raining. Its permissible for them to combine al Maghrib with Isha and Thuhr with Asr, but its not permissible for them to shorten the prayer, for shortening is specific for travellers. And success lies with Allah.”[ Tuhfat al akhwaan bi ajwibati tata ‘alaq bi urkaan il Islaam (121)]

INSIGNIFICANT THAN A DUNG BEETLE!

It was narrated from Abu Hurayrah that the Prophet (صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ) said:

لَيَنْتَهِيَنَّ أَقْوَامٌ يَفْتَخِرُونَ بِآبَائِهِمْ الَّذِينَ مَاتُوا إِنَّمَا هُمْ فَحْمُ جَهَنَّمَ أَوْ لَيَكُونُنَّ أَهْوَنَ عَلَى اللَّهِ مِنْ الْجُعَلِ الَّذِي يُدَهْدِهُ الْخِرَاءَ بِأَنْفِهِ

“People should stop boasting about their forefathers who have died, for they are no more than the fuel of Hell, or they will be more insignificant before Allaah than the dung beetle which rolls up dung with its nose.

إِنَّ اللَّهَ قَدْ أَذْهَبَ عَنْكُمْ عُبِّيَّةَ الْجَاهِلِيَّةِ

وَفَخْرَهَا بِالْآبَاءِ

إِنَّمَا هُوَ مُؤْمِنٌ تَقِيٌّ وَفَاجِرٌ شَقِيٌّ النَّاسُ

Allaah has taken away your jaahili arrogance and pride in your ancestors; rather man is either a believer who fears Allaah or an immoral person who is doomed.

كُلُّهُمْ بَنُو آدَمَ وَآدَمُ خُلِقَ مِنْ تراب

All of them are the sons of Adam and Adam was created from dust.” (Narrated by al-Tirmidhi, al-Manaaqib, 3890; classed as hasan by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 3100). 

Returning to the truth is an established practice among the people of knowledge and virtue.

Al-Qaadee Ibn al-‘Arabee Al-Maalikee narrated in his book, Ahkaam al-Qur’aan (1/182-183): Muhammad bin Qaasim al-‘Uthmaanee informed me more than once saying: “Once I arrived Fustaat and went to the study circle of Shaykh Abul-Fadl al-Jawharee and attended the speech he was delivering to the people. Among the things he said in the first gathering I attended was: “The Prophet (صلى الله عليه وسلم) divorced his wife, pronounced Dhihaar and took oath of abstention from his wives.” When he went out, I followed him until I caught up with him in his house amidst a group of people.  He sat with us in the lobby and informed the people of my affair, because he saw an indication of being a stranger in me as he does not know the person from among those who [usually] come to him. When most of them left him, he said to me, I consider you to be a stranger, do you have anything to say? I said, ‘Yes’. He said to his companions: “Excuse him so that he can talk.”

So, they stood up and I was the only one left with him. I said to him, “Today, I attended your study circle and heard you saying: ‘The Messenger of Allaah (صلى الله عليه وسلم) took oath of abstention from his wives, and you spoke the truth. You said the Messenger of Allaah (صلى الله عليه وسلم) divorced his wife, and you spoke the truth. You also said that the Messenger of Allaah (صلى الله عليه وسلم) pronounced Dhihaar. This did not happen and it is not right for it to take place. This is because Dhihaar is a hateful word and a falsehood, and that is not permissible to emanate from the Prophet (صلى الله عليه وسلم). Thereupon, he hugged me, kissed my head and said to me: ‘I have repented from that. May Allaah reward you on my behalf with good.” Then I left him.

On the second day, I went early to his gathering, but I came to meet him that he had preceded me to the central mosque and sat on the pulpit. When I entered from the mosque’s door and he saw him, he called out with a loud voice, ‘You are welcome, my teacher, make space for my teacher.’ So necks stretched at me, eyes stared at me, the people rushed towards me elevating me and pushing people back from me until I got to the pulpit. Due to the magnitude of [my] shyness, I did not know which region of the earth I was. The mosque was crowded with its people and shyness caused sweat to trickle from my body.

The Shaykh turned to the people and said to them: “I am your teacher and this is my teacher!” Yesterday, I informed you that the Prophet (صلى الله عليه وسلم) took oath of abstention from his wives, divorced his wife and pronounced Dhihaar. None of you explained it to me or disproved me. But (this man) followed me to my house and said such and such – and he reiterated what took place between me and him. I have repented from the statement I uttered yesterday and I have retracted from it to the truth. So whoever heard it among those who were present [yesterday] should not rely on it; and those who are present should inform those who are absent. May Allaah reward him with good.  He started making supplication while the people were saying Aameen.

Source: Ahkaam Ash-Shitaai fee As-Sunnah al-Mutahharah, p. 94 by Shaykh Alee bin Hasan al-Halabee.

“You did not think that they would get out.” [Surat Al Hashr 59: 2].

ۚ مَا ظَنَنتُمْ أَن يَخْرُجُوا۟ ۖ

“You did not think that they would get out.” [Surat Al Hashr 59: 2].

This syllable of the Ayah indicates to one of the scenes of exiling the Jews of Banu An-Nadir from their forts and dwellings after breaking their covenant with the Messenger of Allah (peace be upon him) and after their failure attempt of killing him.

Theirs forts were immune and their houses were secure. So, they entrenched in their homes with all possible means, whereas Muslims were outside those forts looking at them without being able to break into.

That scene formed some common convictions at the two sides. Muslims expected that the Jews will come out of their immune forts, but the Jews would not think that they would need to go out their forts.

وَظَنُّوٓا۟ أَنَّهُم مَّانِعَتُهُمْ حُصُونُهُم مِّنَ ٱللَّهِ

“And they thought that their fortresses would defend them from Allah!” [Surat Al Hashr 59: 2].

In the meanwhile, the attack came upon them from a way they did not expect which was their inner selves.

Verily, when Allah (may He be Exalted) wills to cause things to happen, they happen from a way that people never think because causes and means are always ready because they are created by Allah.

So, why should we wonder?! He is Allah who is able over everything and nothing can fail Him.

The Jews started to ruin the houses in which they entrenched with their own hands.

يُخْرِبُونَ بُيُوتَهُم بِأَيْدِيهِمْ وَأَيْدِى ٱلْمُؤْمِنِينَ

“They destroyed their own dwellings with their own hands and the hands of the believers.” [Surat Al Hashr 59: 2].

Adopting means to reach an end is very important according to the Shari`ah, but Muslims should recall a bigger fact which is:

The management of Allah to this universe is above every plot.

It is the fact which we see in the regular speech of old women who say:

“If it was said to you that a camel can fly, say that Allah is able over everything.”

It is faith in Allah and trust in His Management to the universe, and the proofs are numerous.

Let us go back to the Jews of Banu An-Nadir, the defeat came to them from their inner selves, and their eyes were staring at the outer forts, but they forgot that their forts will not avail them before Allah.

And if their inner forts were hit, nothing can compensate them, so when the inner defeat happened, everything ended:

They opened their forts, ruined their homes, and surrendered themselves while Muslims were watching as if they did not believe what they were watching, but they trust in Allah and in His Ability.

Then the speech comes to the people of every time:

فَٱعْتَبِرُوا۟ يَٰٓأُو۟لِى ٱلْأَبْصَٰرِ.

“Then take admonition, O you with eyes (to see).” [Surat Al Hashr 59: 2].

Real Tawbah (Repentance)

WHY ARE WE IN A SUCH A STATE?

The Muslim Ummah was once the greatest on earth.

It was the Ummah that enjoined what is right, forbad what is wrong, freed the oppressed people, established justice, and propagated the principles of monotheism everywhere.

In brief, it managed to outmatch the existing nations of that time in all fields: science, economy, ethics and politics.

What then are the reasons behind its backwardness?

In other words, why are we usually referred to as underdeveloped or euphemistically developing countries?

Allāh, the Most Exalted, says:

كَدَأْبِ ءَالِ فِرْعَوْنَ ۙ وَٱلَّذِينَ مِن قَبْلِهِمْ ۚ

[Theirs is] like the custom of the people of Pharaoh and of those before them.

كَفَرُوا۟ بِـَٔايَٰتِ ٱللَّهِ فَأَخَذَهُمُ ٱللَّهُ بِذُنُوبِهِمْ ۗ

They disbelieved in the signs of Allāh, so Allāh seized them for their sins.

إِنَّ ٱللَّهَ قَوِىٌّۭ شَدِيدُ ٱلْعِقَابِ.

Indeed, Allāh is Powerful and severe in penalty.

ذَٰلِكَ بِأَنَّ ٱللَّهَ لَمْ يَكُ مُغَيِّرًۭا نِّعْمَةً أَنْعَمَهَا عَلَىٰ قَوْمٍ حَتَّىٰ يُغَيِّرُوا۟ مَا بِأَنفُسِهِمْ ۙ

That is because Allāh would not change a favor which He had bestowed upon a people until they change what is within themselves.

And indeed,

وَأَنَّ ٱللَّهَ سَمِيعٌ عَلِيمٌۭ.

Allāh is Hearing and Knowing.

كَدَأْبِ ءَالِ فِرْعَوْنَ ۙ وَٱلَّذِينَ مِن قَبْلِهِمْ ۚ

[Theirs is] like the custom of the people of Pharaoh and of those before them.

كَذَّبُوا۟ بِـَٔايَٰتِ رَبِّهِمْ فَأَهْلَكْنَٰهُم بِذُنُوبِهِمْ وَأَغْرَقْنَآ ءَالَ فِرْعَوْنَ ۚ

They denied the signs of their Lord, so We destroyed them for their sins, and We drowned the people of Pharaoh.

وَكُلٌّۭ كَانُوا۟ ظَٰلِمِينَ.

And all [of them] were wrongdoers. (al-Anfāl, 8:52-54)

This verse confirms that Allāh, the Most Exalted, will never change the condition of a people unless they change what is within themselves: their mindset, belief, behaviour, manners and way of life.

This was the established way of Allāh in dealing with the previous nations (the people of Pharaoh and other preceding ones) when they disbelieved in His signs, transgressed against His set limits, and defiantly disobeyed His Law.

According to many Qur’anic verses, the punishment of these nations came as a result of their sins.

Allāh, the Most Exalted, says:

فَأَخَذَهُمُ ٱللَّهُ بِذُنُوبِهِمْ

So Allāh seized them for their sins. (al-Anfāl, 8:52)

فَأَهْلَكْنَٰهُم بِذُنُوبِهِمْ

We destroyed them for their sins. (al-Anfāl, 8:54)

In these verses, certain attributes of Allāh are mentioned in a way that deters the disobedient and humiliates the arrogant.

Allāh is the Omnipotent who punishes severely, the All-Hearing and Omniscient who punishes the wrongdoers in both this worldly life and the Hereafter.

The Worst People in My Nation..

عَنْ أَبِي هُرَيْرَةَ ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ : شِرَارُ أُمَّتِي الثَّرْثَارُونَ ، الْمُشَّدِّقُونَ ، الْمُتَفَيْهِقُونَ ، وَخِيَارُ أُمَّتِي أَحَاسِنُهُمْ أَخْلاقًا.

Abu Hurayrah reported that the Prophet, (صلى الله عليه وسلم) , said, “The worst of my community are those who speak a lot, those who are diffuse in speech and those who fill their mouth with words. The best of my community are the best of them in character.

Scholarly comments for this subject:

” الثَّرْثَارُونَ Those who speak a lot ” refers to the people who constantly talk about things of no importance in Islam.[Ibn Qayyim in Madraj As-Salikeen( 2/307)]

” الْمُشَّدِّقُونَ Those who are diffuse in speech ” This applies to the person who constantly chatters and idly gossips without prudence. [Ibn Athir in An-Nihiyah(1/595)

” الْمُتَفَيْهِقُونَ Those who fill their mouth with words…” This refers to a person who talks at great length. [Al-Amir As-Sanani’ Sharh Jami As-Saghir (6/496)]

” وَخِيَارُ أُمَّتِي أَحَاسِنُهُمْ أَخْلاقًا The best of my community are the best of them in character.” This was mentioned with those who speak a lot, because the one who perfects his character weighs his speech and actions. He rarely speaks about things that don’t concern him. He protects himself from talking too much, gossiping, and talking at great length. The only people described with these traits are those with bad character, those who are arrogant, and those who make themselves look good at the expense of making others look bad.[Al-Amir As-Sanani’ Sharh Jami As-Saghir (6/496)]

Translated and compiled by :

Abu Aaliyah Abdullah ibn Dwight Battle